Judgment

SHAH, J.:- The appellants are owners of "China Baug" situated on the southern bank of the river Sabarmati within the limits of the Municipal Corporation of Ahmedabad. The Ahmedabad Municipal Corporation resolved to move the State Government to acquire a part of the land of the appellants for setting up a Samadhi of Mahatma Gandhi. On September 10, 1959, the Commissioner, Ahmedabad Division, in the State of Bombay, issued a notification under Section 4 of the Land Acquisition Act, stating:

"Whereas it appears to the Commissioner, Ahmedabad Division, that the lands specified in the schedule hereto are likely to be needed for public purpose viz., for "The Memorial of Rashtrapita Mahatma Gandhi :

It is hereby notified under the provisions of Section 4 of the Land Acquisition Act, 1894 (I of 1894) "that the said lands are likely to be needed for the purpose specified above".

Enquiry was made under Section 5A of the Land Acquisition Act and after receiving report of the Collector, the Commissioner, Baroda Division of the State of Gujarat (who by virtue of the Bombay Recognization Act, 1960, was the appropriate authority) issued a notification under Section 6 of the Land Acquisition